Damages in an Aviation Accident Case
Aviation accidents can happen in a variety of ways, from slip-and-fall accidents in airport restrooms to plane crashes from faulty maintenance resulting in the deaths of passengers. Indeed,it may surprise you to know, but a common way that many individual suffer injury is while they are being transported in a wheelchair at the airport. Many of the same types of damages tend to show up over and over again throughout the many types of aviation accidents. The following are some of the most common damage types that are claimed by those involved in aviation accidents.
First, victims often attempt to recover for their medical bills. For example, if a wheelchair service provider drops a victim out of a wheelchair (a distressingly common aviation injury), the victim may have serious injuries, including sprains, internal bleeding, or even broken bones in some cases, which may necessitate medical care, surgery, and the like. Victims may be able to seek compensation for these expenses from an airline or the company that provided the wheelchair assistance.
Second, victims often attempt to recover pain and suffering/mental anguish. If a victim is dropped out of a wheelchair, they may experience significant amounts of pain, which can also lead to depression and being mentally ill at ease. Courts can grant victims a reward for having to endure these things.
Third victims often attempt to recover physical impairment damages. If an elderly victim is dropped out of a wheelchair, for example, and breaks their hip, they may never be able to participate in certain activities again, such as working in their garden or going on walks. Courts can grant a victim an award for this type of loss.
Fourth, victims often attempt to recover lost wages damages. If a victim is dropped out of a wheelchair and is injured to the point that they are missing work, they will often have a claim for the amount of money they could have made had they not been injured.
Fifth, victims often attempt to recover lost earning capacity. This is kind of a mix of physical impairment damages and lost wages. It is possible that being dropped out of a wheelchair caused the victim damages to the point that they can no longer perform their current job and have to accept a job that brings in less money. Courts can award damages for this.
Sixth, victims often attempt to recover loss of consortium damages. These types of damages are often asserted by the spouse or family of a victim. Loss of consortium means that the incident has affected the quality of relationship that the victim previously enjoyed with the claimant, including a reduced ability to enjoy the time that the victim and the claimant have together. A court can award damages for this.
Seventh, in cases where the airline or airport employee has done something really, really egregious, the Court can assign punitive damages. A full discussion of punitive damages is beyond the scope of this article, but they are designed to punish the very bad actors for shockingly bad conduct.
Victims of aviation accidents and injuries have numerous damages to claim when attempting to build a case. If you have been injured in an aviation accident, you should consider getting in touch with an experienced aviation attorney to see what kinds of damages are applicable to your case.
If you or a loved one have been injured, Call Carabin Shaw at 1.800.862.1260. We Can Help.